Part XII: Part XII. Faculty Appellate Provisions

CONTENTS

1. Introduction
2. Introduction to the Appellate Committee and Appellate Steering Committee
3. Procedures for Constituting Appellate Hearing Panels
4. Training of Appellate Committees
5. General Procedural Guidance for Faculty Appellate Matters
6. Annual Reports

I. Introduction

Faculty Appellate processes are governed by POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), hereinafter the “Policy” and REG06.35.05 Regulation on Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), hereinafter the “Regulation”, which are in turn governed by UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, and the associated policy and regulations:

• 101.3.1 – Policy on Regulations and Guidelines Implementing Chapter VI of The Code
• 101.3.1.1[R] Regulation on Disciplinary Discharge, Suspension, or Demotion Under Section 603 of The Code
• 101.3.1.2[R] Regulation on Non-Reappointment, Denial of Tenure, and Denial of Promotion Under Section 604 of The Code
• 101.3.1.3[R] Regulation on Grievances Files Pursuant to Section 607 of The Code

In the event of any inconsistency between the terms of the East Carolina University Faculty Manual and the ECU policy, the ECU policy shall control. In the event of an inconsistency between the terms of either the East Carolina University Faculty Manual or the ECU regulation and/or policy and the UNC Policy Manual and Code policies and regulations, the UNC Policy Manual and Code policies and regulations shall control.

In accordance with ECU Regulation 06.35.05, the East Carolina University Faculty Manual shall contain hearing procedures for the Faculty Appellate provisions.

These procedures endeavor to provide the applicable supporting protocols and processes for faculty matters proceeding under the Policy and Sections 603, 604, 605, and 607 of The Code, and are intended to be read to supplement to the applicable POL06.35.04 with specific procedures necessary to support the faculty appellate review. This Part XII presents the relevant procedures below, beginning with information applicable to the selection of the Faculty Appellate Committee and Appellate Steering Committee, and then addressing procedures applicable to each faculty process under the four types of Faculty Appellate matters.

II. Introduction to the Appellate Committee and Appellate Steering Committee

The Faculty Appellate Committee is a standing committee of the Faculty Senate and serves as a pool for populating the various hearing panels necessary for the operation of the four appellate processes (Hearing, Due Process, Reconsideration, and Grievance) under The Code. The Appellate Committee is made up of permanently tenured or probationary tenure-track voting faculty holding no administrative title. The Faculty Appellate Steering Committee is a subcommittee of the Appellate Committee which serves as the primary committee responsible for initial handling of all appellate matter submitted under The Code, including evaluating any jurisdictional or other initial policy review, and the formal processing of newly received appellate matters until assigned to an established hearing panel.

At its initial organizational meeting each year, the Appellate Committee will elect a steering committee of four individuals, each individual committee member is responsible for taking the lead in processing requests for hearings before one of the four respective types of appellate panels: hearing appellate, due process appellate, reconsideration appellate, and grievances appellate. These individuals will be designated as the “appellate chair” for appeals in their respective areas. Once constituted, the steering committee will elect an Appellate Steering Committee chair and secretary.

The Appellate Steering Committee chair, the appellate chair, and the appellate panel chair provide procedural information to the grievant and respondent(s). When POL06.35.04 and the East Carolina University Faculty Manual are silent on a matter of procedure, the Appellate Steering Committee will render the decision on how to proceed and forward it to the chair of the faculty to confirm in consultation with the Faculty Governance Committee.

An Appellate Committee member who becomes a grievant or respondent while serving will be replaced by the usual procedure for vacancies between annual elections and cannot serve on the Appellate Committee for the period of one three-year term from the date of the final decision on that appeal.

III. Procedures for Constituting Appellate Hearing Panels

After the Appellate Steering Committee receives an appellate matter from a faculty member seeking review under one of the established appellate processes under ECU’s POL06.35.04, and upon confirmation by the Appellate Steering Committee that the matter is within the proper jurisdiction of one of the four appellate processes, the Appellate Steering Committee must establish a hearing panel for review of the pending faculty appellate matter. The procedures below establish the method and process for hearing panel selection.

To determine panelists for appellate hearing panels, at the beginning of each academic year, the Appellate Steering Committee will develop a rank order for all members of the Appellate Committee by random lottery. Individuals will be asked to serve on panels in order of lottery rank and availability for a hearing date, except when disqualified because of a conflict of interest or not selected based on inappropriate rank for the process in question. It shall be considered a conflict of interest under these procedures for any cases in which Appellate Committee members are from either the grievant’s or respondent’s relevant department, unit, college, or school, or with whom either the grievant or respondent has had an amorous relationship, or is related by blood, law, or marriage (as defined in UNC Policy Manual 300.4.2 and 300.4.2.1[G]). As such, in these situations the individual will not be eligible to serve on the appellate hearing panel. Other conflicts of interest may also arise, and the Appellate Steering Committee shall determine, in its discretion, whether the individual remains eligible to serve on the appellate hearing panel.

Individuals will not be asked to serve on a second panel for 12 months until all eligible Appellate Committee members have already served, unless otherwise ruled out by conflicts of interest, at which time the Appellate Steering Committee will return to the top of the ranked list and proceed through the Appellate Committee membership again in the same order.

The specified appellate chair will assemble a panel of five regular members and one alternate based on the random lottery rank order of Appellate Committee members. The names of the parties will be shared with the assembled panel so those with a conflict of interest may be identified and the potential appellate hearing panel member may recuse themselves. The appellate chair will then notify the parties with the names of the panel members and provide the deadline by which either party may request panel members be recused for conflict of interest. Parties should use the Request for Recusal Form to submit their recusal requests.

If the panel member declines recusal, the established hearing panel, including the alternate, shall determine obligatory recusal by majority vote (with the member in question not participating in the vote). The recused panel member will be replaced by the alternate, and another alternate will be appointed by the appellate chair. Once established, the appeal panel will elect a chair and secretary, and follow the appropriate provisions, detailed below, for the specific type of appeal files. The alternate is a member of the established panel and can be consulted on procedural matters brought to the panel but will only vote if they are serving in place of a panel member. After the hearing, the alternate will only participate if they served in place of a panel member at any point during the hearing. Otherwise, the alternate is dismissed after the conclusion of the hearing and will not participate in the writing of the report.

IV. Training of Appellate Committees

Shortly after the organizational meeting of the Appellate Committee, the Appellate Steering Committee shall be trained, as provided by Section 2.6 of the Policy, to perform their roles within each appellate process. This training involves an overview of all the appeal processes and procedures for initial review of a petition for redress/request for review of a decision and formation of panels for each type of appeal. Panel trainings are conducted after the formation of a panel and are tailored to the appeal type.

V. General Procedural Guidance for Faculty Appellate Matters

1. Grievant and Respondent
   As defined in Section 2.2 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), a Grievant is any faculty member who initiates one of the four Faculty Appellate processes described this Policy, and the Respondent is the person(s) whose action is the subject of the process initiated by the Grievant. Collectively, the grievant and respondent[s] may be referred to as the “parties”. For information on the Grievant and Respondent, please see the Policy.
2. In-Person Hearings
   Hearings are conducted in-person, unless a request for a virtual hearing is approved in advance by the applicable faculty committee. Exceptions to the in-person hearing requirement may result from circumstances such as: one or more of the hearing participants obtaining an accommodation pursuant to the Americans with Disabilities Act (ADA) or extended public emergencies that may result in significant delays or postponement of hearing date (e.g. extended closure of campus buildings due to damage from a hurricane or significant curtailment of in-person activities due to global pandemic). In the case that one or more of the hearing participants is granted exception, the hearing will be conducted virtually for all participants.
3. Communication Among the Parties and Committees
   Except during the hearing itself, the parties are prohibited from engaging with the Appellate Steering Committee, the panel members, and witnesses of the opposing party, with the exception of requests related to procedural process.
4. Calculation of Dates and Deadlines
   When calculating time for compliance under these procedures, exclude the starting date, count every day including weekends and holidays, and include the last day unless it falls on a weekend or holiday, in which case the deadline extends to the next business day. 
5. Procedural Questions and Resources
   If a faculty member is unsure of their options for appeal or have questions about the process, they should consult with the Chair of the Faculty.
   
   To request an extension of time from the Appellate Steering Committee of appeal panel, please submit the Request for Extension Form.

VI. Annual Reports

Annually, the Faculty Senate Office will write a report specifying the number of each type of appeal, the outcomes ensuring that confidentiality is kept, and the duration of the process, as well as any other concerns. The report will be submitted to the Faculty Governance Committee for review at the beginning of the fall semester.

Faculty Senate Resolution #25-55, June 2025.

CONTENTS

1. Introduction
2. Procedures for Selection of Due Process Panel
3. Procedures for the Hearing

I. Introduction

The procedures provided by this section are governed by Sections 2 and 3 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, Section 603, and 101.3.1.1[R] Regulation on Disciplinary Discharge, Suspension, or Demotion Under Section 603 of The Code.
A faculty member, who is the beneficiary of institutional guarantees of tenure, shall enjoy protection against unjust and arbitrary application of formal discharge, suspension, or demotion. POL06.35.04 provides the relevant information related to formal discharge, suspension, or demotion, as well as a faculty member’s right for review through an institutional hearing process. If an impacted faculty member makes a written request for a hearing following the receipt of a notice of intent, the following procedures will support the Due Process Hearing:

II. Procedures for Selection of Due Process Panel

The Due Process Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate each of whom is full time, permanently tenured voting faculty without administrative appointment (per Part IX, Section I.IV(B)). The alternate shall attend all sessions of the hearing and replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate, and provisions for constitution of appeals panels described in Part XII, Section I of this Faculty Manual. Upon organization, the members of the panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

When the panel is convened to consider a faculty member's request for a hearing, those Appellate Committee members who (i) hold an appointment in the grievant’s academic unit, (ii) might reasonably expect to be called as witnesses, (iii) might reasonably expect to be asked to serve as an advisor (see subsection V.B, Procedures for the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest, should be disqualified from participation on a panel related to the specific request for a hearing. The grievant and the Provost or Dean/Executive Dean of Brody School of Medicine (as appropriate according to supervisory authority) are permitted to challenge panel members for just cause. The parties request recusal by submitting the Request for Recusal Form. The other members of the panel will decide by majority vote (excluding the panel member being challenged) on any potential disqualifications if a panel member is so challenged but wishes to remain.

When membership of the panel falls below the specified five members and one alternate, the Due Process appellate chair will select additional members of the Appellate Committee to serve on the panel as specified in Part XII, Section I of the Faculty Manual.

The panel may at any time consult with an attorney in the Office of the University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

III. Procedures for the Hearing

1. Hearing Agenda
   The Chair of the Due Process Panel shall promptly notify the Grievant, the Provost, or Executive Dean of Brody School of Medicine (as appropriate according to supervisory authority), and the Chair of the Faculty of the time, date, and place of the hearing. The Due Process Panel Chair will also create an agenda prior to the hearing date to facilitate completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
2. Procedures for Submission of Hearing Documents
   As provided by the Policy, at least fourteen (14) calendar days before the hearing, the parties will also submit evidence and documents, as well as a list of witnesses to be called at the hearing, along with a brief statement of the relevance of each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the respective positions of the parties. When possible, it is best to place all documents and photographs used as exhibits into one PDF, with the Table of Contents at the beginning that lists all the exhibits. If that is not possible, exhibits will need to be named in a way that keeps them in an order that aligns with the Table of Contents (e.g., G-001, G-002). Failure to submit evidence in the specified format may result in evidence being excluded from the hearing record by the panel.
   
   Once the copies as described above are received from both parties, the digital copies will be made available to each party.
3. Procedures for Court Reporter/Hearing Transcript
   The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Due Process Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
4. Procedures Relating to Order of the Hearing
   Please see POL06.35.04, section 3.8, for full information about the way the hearing is conducted.
   
   The Due Process Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. In addition to the requirements found in the Policy, the hearing shall be conducted according to the latest edition of Robert's Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the due process panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy. Such rules and procedures shall be consistent with POL06.35.04 and Chapter 100, Section 603 of The Code and applicable UNC regulations.
5. Post-Hearing Information
   Following the conclusion of the hearing, the grievant will be informed about any updates to the status of the pending appellate matter. The Chancellor’s decision shall be conveyed in writing to the Panel, Grievant, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

Faculty Senate Resolution #25-55, June 2025.

CONTENTS

1. Introduction
2. Procedures for the Selection of the Hearing Panel
3. Procedures for the Hearing

I. Introduction

The procedures in this section are governed by Sections 2 and 4 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, Section 604, and 101.3.1.2[R] Regulation on Non-Reappointment, Denial of Tenure, and Denial of Promotion Under Section 604 of The Code.
Once a Faculty Member has initiated the appellate process by submitting a written statement to the chair of the Appellate Steering Committee and Faculty Senate Office as pursuant to Section 4 of POL06.35.04, the following procedures support the Hearing Panel:

II. Procedures for the Selection of the Hearing Panel

The Hearing Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate, each of whom is a full-time, permanently tenured voting faculty member without administrative appointment (per Part IX, Section I.IV.B). The alternate shall attend all sessions of the hearing and replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate and provisions for constitution of appellate panels specified in Part XII, Section I of this Faculty Manual. Upon organization, the members of the Hearing Panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

When the panel is convened to consider any matter associated with a grievant’s request for a hearing, those Appellate Committee members who (i) hold an appointment in the grievant’s academic unit, (ii) might reasonably expect to be called as witnesses, (iii) might reasonably expect to be asked to serve as an advisor (see subsection III.3, Conduct of the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest should be disqualified from participation on a panel related to the specific request for a hearing. The grievant and those individuals or groups who are alleged to be responsible for the action or actions described by the grievant in the request for the hearing [hereafter, the respondent(s)] are permitted to challenge panel members for just cause. If the panel member declines recusal, the established panel, including the alternate, shall determine obligatory recusal by majority vote (with the member in question not participating in the vote). Parties request recusal of panel members by submitting the Request for Recusal Form.

When membership of the panel falls below the specified five members and one alternate, the Hearing appellate chair will select additional members of the Appellate Committee to the panel as specified in Part XII, Section I of the East Carolina University Faculty Manual.

The panel may at any time consult with an attorney in the Office of University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

III. Procedures for the Hearing

1. Hearing Agenda
   The Chair of the Hearing Panel shall notify the Grievant and the Provost, as well as any named respondent(s), and the Chair of the Faculty of the time, date, and place for a hearing, including notification that identifies the membership of the Hearing Panel. The Hearing Panel Chair will also create an agenda prior to the hearing date to facilitate completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
2. Procedures for Submission of Hearing Documents
   As provided by the Policy, at least fourteen (14) calendar days before the hearing, the parties will also submit all documentary evidence, as well as a list of witnesses to be called at the hearing, along with a brief statement of the relevance of each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the grievance. When possible, place all documents and photographs used as exhibits into one PDF, with the Table of Contents at the beginning that lists all the exhibits. If that is not possible, exhibits will need to be named in a way that keeps them in an order that aligns with the Table of Contents (e.g., G-001, G-002). Failure to submit evidence in the specified format may result in evidence being excluded from the hearing record by the panel.
   
   Once the exhibits as described above are received from both parties, the digital copies will be made available to each party.
3. Procedures for Court Reporter/Hearing Transcript
   The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Hearing Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
4. Procedures Relating to the Order of the Hearing
   Please see POL06.35.04, section 4.6.5 for information about the way the hearing is conducted.
   
   The Hearing Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. In addition, the hearing shall be conducted according to the latest edition of Robert's Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy. Such rules and procedures shall be consistent with POL06.35.04 and Chapter 100, Section 604 of The Code and applicable UNC regulations.
5. Post-Hearing Information
   Following the conclusion of the hearing, the grievant will be informed about any updates to the status of the pending appellate matter. The Chancellor’s decision shall be conveyed in writing to the Panel, grievant, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

Faculty Senate Resolution #25-55, June 2025.

CONTENTS

1. Introduction
2. Procedures for the Selection of the Grievance Panel
3. Procedures for the Hearing

I. Introduction

The procedures in this section are governed by Sections 2 and 5 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as 101.3.1.3[R] Regulation on Grievances Filed Pursuant to Section 607 of The Code.
These procedures provide the process and protocol intended to assist the Grievance Committee in the disposition of faculty grievances filed pursuant to Section 5 of the Policy, above. Pursuant to the Policy, a faculty member should file a petition for redress for review of matters under Section 607 of The Code. A Petition for Redress Form should be submitted by the grievant. Upon review of a Petition for Redress submitted by a grievant, the Appellate Steering Committee will review for proper jurisdiction under Section 5 of the Policy. Once a Faculty Member has initiated a grievance to Section 5 of the Policy, the following procedures support the Grievance Panel:

II. Procedures for the Selection of the Grievance Panel

The Grievance Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate, each of whom is a full-time, permanently tenured voting faculty member without administrative appointment (per Part IX, Section I.IV.B). The alternate shall attend all sessions of the hearing and replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate and provisions for constitution of appellate panels specified in Part XII, Section I of this Faculty Manual. Upon organization, the members of the Grievance Panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

Upon receipt of the grievant’s request for a hearing, those Appellate Committee members who (i) hold an appointment in the grievant’s academic unit, (ii) might reasonably expect to be called as witnesses, (iii) might reasonably expect to be asked to serve as an advisor (see subsection III.3, Conduct of the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest should be disqualified from participation on a panel related to the specific request for a hearing. The grievant and those individuals or groups who are alleged to be responsible for the action or actions described by the grievant in the request for the hearing [hereafter, the respondent(s)] are permitted to challenge panel members for just cause. If the panel member declines recusal, the established panel, including the alternate, shall determine obligatory recusal by majority vote (with the member in question not participating in the vote). Parties request recusal of panel members by submitting the Request for Recusal Form.

When membership of the panel falls below the specified five members and one alternate, the Hearing appellate chair will select additional members of the Appellate Committee to the panel as specified in Part XII, Section I of the East Carolina University Faculty Manual.

The panel may at any time consult with an attorney in the office of the University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

III. Procedures for Hearing

1. Hearing Agenda
   After the determination by the Appellate Steering Committee that the Grievance should proceed to a hearing, and following the opportunity for mediation, the Chair of the Grievance Panel shall notify the Grievant, any named respondent(s), and the Chair of the Faculty of the time, date, and place for a hearing, including notification that identifies the membership of the Grievance Panel.
   
   For the Review of a non-disciplinary separation under Section 5, and unless an extension of time is approved in accordance with Section 2.8.2 the Policy, the Grievance Appellate Chair will convene a Grievance Panel within ten (10) calendar days of receiving the review request. For general grievances under Section 607 of The Code, the date of the hearing shall generally be within forty-two (42) calendar days of the Grievant’s written request for hearing, with exceptions as provided by The Policy.
   
   The Grievance Panel Chair will also create an agenda prior to the hearing date to facilitate the completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
2. Procedures for Submission of Hearing Documents
   As provided by the Policy, at least fourteen (14) calendar days before the hearing, the parties will submit evidence and a list of witnesses to be used in the hearing, along with a brief statement of the relevance of each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the grievance. When possible, it is best to place all documents and photographs used as exhibits into one PDF, with the Table of Contents at the beginning. If that is not possible, exhibits will need to be named in a way that keeps them in an order that aligns with the Table of Contents (e.g., G-001, G-002). Failure to submit evidence in the specified format may result in my evidence being excluded from the hearing record by the panel.
   
   Once the copies as described above are received from both parties, the digital copies will be made available to each party.
3. Procedures for Court Reporter/Hearing Transcript
   The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Grievance Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
4. Procedures Relating to the Order of the Hearing
   Please see POL06.35.04, section 5.5.5 for a full description of the conduct of hearing.
   
   The Grievance Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. Except as provided for herein, the hearing shall be conducted according to the latest edition of Robert's Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the due process panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy.
5. Post-Hearing Information
   Following the conclusion of the hearing, the grievant will be informed about any updates to the status of the pending grievance.  The Chancellor’s decision shall be conveyed in writing to the grievance panel, Faculty Member, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

CONTENTS

1. Introduction
2. Termination Procedures
3. Selection of the Reconsideration Panel
4. Procedures for the Hearing

I. Introduction

The procedures in this section are governed by Sections 2 and 6 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, Section 605.

These procedures provide the process and protocol intended to assist the Reconsideration Committee in the disposition of faculty appellate matters filed pursuant to Section 6 of the Policy, above.

II. Termination Procedures

Please see POL06.35.04, Section 6.3.2 for information about the notice accorded to faculty when their employment is to be terminated because of major curtailment or elimination of a teaching, research, or public service program or due to financial exigency.

III. Selection of the Reconsideration Panel

The Reconsideration Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate, each of whom is a full time permanently tenured voting faculty member without administrative appointment. The alternate shall attend all sessions of the hearing and shall replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate, and appointment of appeals panels described in Part XII, Section I of this Faculty Manual. Upon organization, the members of the Reconsideration Panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

When the panel is convened to consider any matter associated with a faculty member's request for a hearing, those Appellate Committee members who (i) participated directly in the decision to terminate the grievant’s employment, (ii) hold an appointment in the faculty member's academic unit, (iii) might reasonably expect to be called as witnesses, (iv) might reasonably expect to be asked to serve as an advisor (see Subsection V.B. Procedures for the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest should be disqualified from participation in the activities of a panel related to this specific request for a hearing. The grievant and the chancellor, or the chancellor's designee, are permitted to challenge panel members for just cause. Parties request recusal of panel members by submitting the Request for Recusal form. The other members of the panel, including the alternate, will decide by majority vote (excluding the panel member being challenged) on any potential disqualifications if a panel member is challenged but wishes to remain.

When membership of the panel falls below the specified five members and one alternate, the Due Process appellate chair will select additional members of the Appellate Committee to serve on the panel as specified in Part XII, Section I of the Faculty Manual.

The panel may at any time consult with an attorney in the office of the University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

IV. Procedures for the Hearing

1. Hearing Agenda
   If a faculty member requests a reconsideration of the decision to terminate employment under Section 6 of the Policy, the Chair of the Reconsideration Panel shall then notify the Grievant and the Provost, as well as any named respondent(s), of the setting of a time, date, and place for a hearing, including notification that identifies the membership of the Hearing Panel. The date for the hearing should be within forty-two (42) calendar days of the time the Appellate Steering Committee Chair receives the chancellor’s notification of the faculty member’s written request for a hearing.
   
   In order to facilitate the hearing process, the Hearing Panel chair, will also create an agenda to facilitate the completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
2. Procedures for Submission of Hearing Documents
   As provided by the policy, at least fourteen (14) calendar days before the hearing, the parties shall submit documents and a list of witnesses to be used in the hearing along with a brief statement of the relevance for each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the respective positions of the parties. When possible, it is best to place all documents and photographs used as exhibits into one PDF, with a Table of Contents at the beginning that lists all the exhibits. If that is not possible, exhibits will need to be named in a way that keeps in in an order that aligns with the Table of Contents (e.g., G-011, G-002). Failure to submit evidence in the specified format may result in evidence being excluded from the hearing record by the panel.
   
   Once the copies as described above are received from both parties, the digital copies will be made available to each party.
3. Procedures for Court Reporter/Hearing Transcript
   The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Hearing Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
4. Procedures Relating to the Order of the Hearing
   Please see POL06.35.04, section 6.4.3 for information about the way the hearing is conducted.
   
   The Hearing Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. In addition, the hearing shall be conducted according to the latest edition of Robert's Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy.
5. Post-Hearing Information
   Following the conclusion of the hearing, the faculty member will be informed about any updates to the status of the pending matter for reconsideration. The Chancellor’s decision shall be conveyed in writing to the panel, Faculty Member, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

Faculty Senate Resolution #25-55, June 2025.

1. Federal and state laws and/or university policies prohibit unlawful discrimination based on the following protected classes: race/ethnicity, color, genetic information, national origin, religion, sex, sexual orientation, gender identity, age, disability, political affiliation, and veteran status (including relationship or association with a protected veteran; or Active Duty or National Guard service). East Carolina University establishes formal procedures for individuals to report concerns if they believe that they are the victims of unlawful or prohibited harassment, discrimination, or have concerns about improper relationships.
   
   The East Carolina University Faculty Manual (Part XII) is subject to university policies governing nondiscrimination, sexual and gender-based harassment and other forms of interpersonal violence at East Carolina University, which are available through the Equal Opportunity & Title IX section of the Department for People Operations, Success, and Opportunity (POSO).
2. Unlawful or prohibited harassment, discrimination, or improper relationships violate East Carolina University’s policies and will not be tolerated.  Members of the University community are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of unlawful or prohibited harassment, discrimination or improper relationships prohibited under the policies of East Carolina University.  The University will take every reasonable step to resolve concerns promptly and confidentially.
3. Any act by a University employee or student of retaliation, interference, restraint, penalty, discrimination, coercion, reprisal, intimidation, threats, or harassment against an employee or student for using the applicable policies responsibly interferes with free expression and openness and violates University policy.  Accordingly, members of the University community are prohibited from acts of reprisal and/or retaliation against those who file complaints, are involved as witnesses, or otherwise try to use University policies responsibly.
4. When complaints of harassment, discrimination, or improper relationships have been substantiated against a faculty member, the provost or dean/executive dean of Brody School of Medicine (as appropriate according to supervisory authority), or the chancellor, may take such disciplinary action as they deem appropriate, including discharge from employment, suspension, or reduction in rank or title in a manner that is consistent with the policies and procedures stated in the POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code).

Grievance Procedures

1. Faculty subject to sanction(s) for violations of University policies on harassment, discrimination or improper relationships are provided due process through appropriate appeals procedures provided by University policy, and based on the type of sanction imposed.
2. A faculty member may appeal matters directly related to a faculty member’s terms and conditions of employment, based upon a decision made by an administrator in a supervisory role over a faculty member, through provisions governing general grievances contained in Section 5 POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code).
3. Disciplinary actions of discharge, suspension, or demotion may be appealed following provisions in Section 3 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code). Note that The UNC Code, Section 603 warns that if, within fourteen (14) calendar days after receiving the notice of a serious sanction, the faculty member makes no written request for appeal, the faculty member may be discharged or serious sanction imposed without recourse to any institutional grievance or appellate procedure.
4. Review of specific findings, either positive or negative, of an investigation of complaints of unlawful or prohibited discrimination, harassment or improper relationship may be available under specific university policies. Current information on university policies governing these areas is available at the Department for People Operations, Success, and Opportunity (POSO).

Faculty Senate Resolution #25-55, June 2025.

Except as otherwise provided below, these provisions shall become operative immediately after they are approved by the chancellor. In compliance with UNC Code 602 (1) final approval of Part XII involves the Faculty Senate and Chancellor.

Faculty Senate Resolution #99-4, March 1999 (superseded by #06-19, January 2007)
Faculty Senate Resolution #99-10, March 1999 (superseded by #06-19, January 2007)
Faculty Senate Resolution #03-37, March 2004 (superseded by #06-19, January 2007)
Faculty Senate Resolution #03-49, April 2006 (superseded by #06-19, January 2007)
Faculty Senate Resolution #06-19, January 2007
Faculty Senate Resolution #12-17, February 2012, Chancellor
Faculty Senate Resolution #14-32, April 2014, Chancellor
Faculty Senate Resolution #19-69, April 2021
Faculty Senate Resolution #19-70, April 2021
Faculty Senate Resolution #25-55, June 2025